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Manual On Good Administration Principles
“The worst of justice is a delayed justice.
Even if the decision is righteous in the end, a late
justice is cruelty.”
Orhan Ghazi (d. 763/1362, Ruler of Ottoman Empire)
he principle of notification of the decision without delay refers to the
Tcommunication of the result of a proceeding which bears legal impacts
on the individual by the administration to the person concerned immediately
after its conclusion without delay, in writing or through other legally recognised
means.
Accordingly, this principle requires diligence on below points:
Protecting the individuals from the unpredictable decisions of the
administration, which can unilaterally conduct acts on their legal
status,
Ensuring an effective legal audit by means of certification of the
grounds on which the administration’s decisions base.
Informing the person concerned as soon as the decision with legal
effect has been taken,
Notifying that the decisions are not made arbitrarily, deliberately or
negligently.
Legal Basis
Though indirectly, the principle of notification of the decision to the person
concerned can be found in Article 125 of the Constitution. Accordingly, Time
limit to file a lawsuit against an administrative act begins from the date of
written notification of the act. Furthermore, Article 74 of the Constitution,
the result of the application concerning citizens and foreigners resident in
Turkey, with the condition of observing the principle of reciprocity, shall
be made known to the petitioner in writing without delay. Furthermore,
Article 7 of the Procedure of the Administrative Justice Act stipulates that
these time limits run from the day after, in administrative disputes, the
date on which the notification is made (…).
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